United States v. Valencia-Torres
Opinion of the Court
MEMORANDUM
Juan Valencia-Torres appeals his sentence after pleading guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326. He claims the district court erred by not departing downward for cultural assimilation. We dismiss for lack of jurisdiction.
DISCUSSION
Valencia-Torres agreed, as part of a negotiated plea agreement, to waive his right to appeal his sentence. Such waivers will be enforced if “knowingly and voluntarily made.” See United States v. Martinez, 143 F.3d 1266, 1271 (9th Cir. 1998). Valencia-Torres contends that his waiver was not voluntary based on statements he made at his plea hearing. We reject that contention. The record indicates that the district court carefully questioned Valencia-Torres to ensure that he understood his rights and that his waiver was both voluntary and informed. Accordingly, we lack jurisdiction to review Valencia-Torres’s sentence. See United States v.
DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Juan VALENCIA-TORRES, aka Juan Torres Valencia, Juan Torres Valencia, Juan Torres, David Rosas-Valencia
- Status
- Published